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End-User License Agreement: Microsoft Windows Powered Operating
System
Applicability of suppliers and resellers (unchanged).
The following is added to the end of this Section:
IBM's entire liability and your sole remedy, whether in contract or in tort, in respect of
any default will be limited to damages.
NORTH AMERICA
CANADA: Warranty Service: The following is added to this section:
To obtain warranty service from IBM, call 1-800-565-3344.
UNITED STATES OF AMERICA: Warranty Service: The following is added to this
section:
To obtain warranty service from IBM, call 1-800-772-2227.
IMPORTANT—READ CAREFULLY: This End-User License Agreement ("EULA")
is a legal agreement between you (either anindividual or a single entity) and the
manufacturer ("Manufacturer") of the computer system (as defined below, "xSeries
150") with which you acquired the Microsoft software product identified above
("Product"). If the Product is not accompanied by a new xSeries 150, you may not
use or copy the Product. The Product includes computer software, the associated
media, any printed materials, and any "online" or electronic documentation. This
EULA is valid and grants the end-user license rights ONLY if the Product is
genuine and a genuine Certificate of Authenticity for the Product is included as
part of the Product. Any software provided along with the Product that is
associated with a separate end-user license agreement is licensed to you under the
terms of that license agreement. By installing, copying, downloading, accessing or
otherwise using the Product, you agree to be bound by the terms of this EULA. If
you do not agree to the terms of this EULA, Manufacturer and Microsoft Licensing,
Inc. ("MS") are unwilling to license the Product to you. In such event, you may not
use or copy the Product, and you should promptly contact Manufacturer for
instructions on return of the unused Product in accordance with Manufacturer's
return policies.
SOFTWARE LICENSE
The Product is protected by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. MS, Microsoft Corporation
and/or its suppliers own the title, copyright, and other intellectual property rights
in the Product. The Product is licensed, not sold.
The capitalized terms used in this EULA are defined as follows:
•
"xSeries 150" shall mean the computer with which you acquired the Product
acting solely as an Appliance server;
1. GRANT OF LICENSE. This EULA grants you the following rights to the Product
provided you comply with all its terms and conditions:
a. Processor Limits. You may use the Product with no more than two processors
at any one time unless a higher number of allowed processors is indicated on
the Certificate of Authenticity for the Product.
Appendix B. Product warranties and notices
49
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